transcript
11:00 AM
III. Approval of Special Meeting Agenda
IV. Public Input
During this portion of our meeting, we welcome your suggestions and want to hear your concerns.
This is not a question and answer period speakers will be limited to five (5) minutes. Any
individual who would like to discuss an item in more depth may request to be placed on a future
agenda. Request forms are available in the County Manager's Office.
V.
Executive Session in Accordance with NMSA 1978 10151 (H)(2)
a.
Limited Personnel Matter Regarding County Manager Contract Negotiations
Pursuant to NMSA 1978 10151 (H)(2)
b.
Limited Personnel Matter Regarding Detention Center Administrator, Pursuant to
NMSA 1978 10151 (H)(2)
VI.
Any Action Necessary as a Result of Closed Executive Session
c.
Consideration of Agreement No. A2127 County Manager Contract
VII. Commissioners' Reports
STATE OF NEW MEXICO
EMPLOYMENT CONTRACT FOR COUNTY MANAGER
THIS AGREEMENT is made between Tim Zamora, hereinafter also
referred to as the "County Manager," and the Grant County Board of
County Commissioners hereinafter also referred to as the "BCC," is
made and entered into in Grant County, New Mexico on this 10th day
of August, 2021. The effective date of this Agreement shall be
August 11, 2021.
RECITALS
WHEREAS the BCC desires to hire a County Manager to serve as the
Chief Administrative Officer of the County Government of Grant
County, New Mexico and is so authorized under New Mexico law;
and,
WHEREAS the BCC desires to retain Tim Zamora in the position of
County Manager; and,
WHEREAS the BCC and Tim Zamora desire to commit to writing their
agreement and understanding with respect to his employment as
County Manager.
NOW THEREFORE, the parties hereby agree as follows:
A. EMPLOYMENT:
The BCC hereby employs and hires Tim Zamora as its County Manager
and he hereby accepts and agrees to such hiring and employment,
subject to the general supervision and direction of the members of
the Grant County Commission and specific provisions of New Mexico
state law.
For purposes of the Grant County Employee Manual, the County
Manager shall be treated as a regular, fulltime employee, with the
exception of the terms outlined herein, including at-will
employment status.
The Coimty Manager is a contractual position with no due process
and/or grievance rights. Either party may terminate this employment
relationship at any time with or without cause.
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B. DUTIES AND AUTHORITY:
The BCC agrees to employ Tim Zamora as the County Manager to
perform the functions and duties assigned to him pursuant to the
terms herein or to the reasonable satisfaction of the BCC, and to
perform such other legally permissible and proper duties and
functions as authorized and directed by the BCC.
The County Manager agrees that he will at all times, to the best of
his ability, experience and talents, perform all the duties that
are assigned to him pursuant to the express terms herein or to the
reasonable satisfaction of the BCC. The County Manager agrees to
consult and gain approval of the BCC regarding matters of policy
and the BCC agrees that the County Manager will conduct the
administrative and executive duties of the County pursuant to
applicable law and policy. The County Manager will consult with the
County Attorney regarding legal matters affecting the County. The
County shall defend and indemnify the County Manager from and
against all claims or causes of action brought against him arising
in connection with the scope duties under this Agreement.
C. TERM OF EMPLOYMENT:
The initial term of this Agreement shall be two years beginning on
August 10, 2021, and shall terminate on August 10, 2023. At the
expiration of the initial term and subject to approval of the BCC,
the Agreement may be renewed one additional year until August 10,
2024. To the extent possible, the termination date of this
Agreement shall remain coincident with the end of the County’s
fiscal year. The County Manager is not eligible for the grievance
process in the event of non-renewal.
D. COMPENSATION:
The BCC shall pay the County Manager a starting salary of
$108,000.00 for the first year of this agreement. In addition, the
County Manager may earn up to a maximum of $12,000 per year
pursuant to the performance financial incentive model, provided in
Section (H) PERFORMANCE EVALUATION in this Agreement.
The BCC shall reimburse the County Manager for all necessary
expenses incurred by the Coimty Manager while traveling outside of
Grant County pursuant to County business, provided that all such
reimbursements shall be made in accordance with the provisions of
applicable state laws, regulations, and county policy.
E. VEHICLE ALLOWANCE:
The BCC agrees to pay the County Manager, during the term of this
Agreement and in addition to other salary and benefits herein
provided, the sum of $1,200 per year as a vehicle allowance to be
used to purchase, lease, or own, operate and maintain a personal
vehicle. The vehicle allowance shall be paid in equal payments on a
monthly basis or on another schedule as determined by the Director
of Fiscal Services. The vehicle allowance
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shall be adjusted annually, in July, by the percentage change in
the standard mileage reimbursement rate established by the IRS
during the prior year. The County Manager shall be responsible for
paying for insurance coverage upon such vehicle and shall further
be responsible for gas, oil, and all expenses attendant to the
purchase, operation, maintenance, repair, and regular replacement
of said vehicle. The BCC shall reimburse the County Manager at the
established mileage rate for any business use of the vehicle beyond
Grant Coimty.
F. FRINGE BENEFITS:
The County Manager shall be entitled to the same fringe benefits,
including dental and health insurance, deferred compensation and
retirement, and any other fringe benefits that may be adopted
during the term of this contract, as any other County employee and
100% of the monthly payment for these benefits will be paid by the
BCC, subject to the following exceptions:
1) The County Manager will be entitled to a minimum of 160 hours of
paid annual leave per year, prorated per month by the payroll
department. Manager will provide reasonable notice to the BCC prior
to taking annual leave.
2) The County Manager shall also be permitted to use any accrued
sick leave as annual leave.
3) The County Manager shall have access to a bank of 30 sick days
to be used in the case of serious medical conditions. This leave
can only be used to provide coverage during the waiting period
between the onset of illness or disability and the point at which
long term disability coverage takes effect and may be renewed after
each occurrence.
4) The BCC agrees to pay 75% of the County Manager's personal
contributions to PERA.
G. GENERAL BUSINESS EXPENSES
1) The BCC agrees to pay for professional dues and subscriptions of
the County Manager necessary for full participation in national,
regional, state and local associations and organizations necessary
for the County Manager's continued professional growth and
advancement, and for the good of the County.
2) The BCC agrees to pay for travel and related expenses of the
County Manager for professional and official travel, meetings, and
occasions to adequately continue the professional development of
the County Manager and to pursue necessary official functions for
Grant Coimty that may include but not limited to NACO regional and
national conference. ICMA Annual Conference, NMC and other groups
and committees in which Grant County serves as a member.
3) The BCC agrees to pay all tuition, fees, and book expenses for
up to one college-level course per semester, providing that the
course is related to the duties of the County
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Manager. If the County Manager withdraws from or fails to pass a
course, he agrees to refund to the county all costs associated with
that course.
4) Professional development expenses that exceed $250 per event,
requires overnight travel or an absence from the office for more
than one day, are subject to advanced approval of the BCC.
5) The BCC acknowledges the value of having the County Manager
participate in local civic clubs and organizations. Accordingly,
the BCC agrees to pay for the reasonable membership fees and/or
dues to enable the County Manager to become a member in
local/regional civic clubs and organizations.
6) Sections 1 through 5 of Section G above will be subject to
annual appropriations and applicable Grant County policies. The
Director of Fiscal Services is authorized to disburse such moneys
upon receipt of duly executed expense, receipts or statements,
submitted in accordance with related county policies.
H. PERFORMANCE EVALUATION
The BCC shall annually review the performance of the County
Manager. The criteria for the performance evaluation shall include
the duties set forth by statute, including NMSA 1978, Sections
4-38-19 and 3-14-14 (2004), as amended. The evaluation process
shall include the opportimity for the parties to meet and discuss
the County’s goals and the Manager’s performance. The first meeting
shall occur no later than September 10, 2021, then on or about
August 3rd each subsequent year, to discuss the BCC annual goals
for the County Manager to implement on behalf of the BCC. Annual
goals are to be challenging, reasonable, measurable, and
achievable, and shall serve as additional criteria for the
performance evaluation. Annual goals shall be agreed upon, in
writing, within two weeks of the parties’ first meeting each year.
A midpoint review of the County Manager’s performance will be
conducted on or about December 3rd of each year, and the final
performance evaluation on or about June 3rd of each year. The
performance evaluation is the basis for the County Manager
pay-for-performance financial incentive referenced in Section (D)
COMPENSATION.
I. HOURS OF WORK
It is expected that the County Manager will work during normal
County office hours at the Grant County Administration Center in
Silver City, New Mexico. However, it is recognized that the Coimty
Manager must devote a great deal of time outside those normal
office hours on business for Grant County. Accordingly, and to that
end, the County Manager may establish his own work schedule,
subject to reasonable direction by the BCC. The County Manager is
not eligible for overtime or paid compensatory hours.
J. OUTSIDE ACTIVITIES
The employment provided for by this Agreement shall be the County
Manager’s sole employment. Recognizing that certain outside
consulting or teaching opportunities
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provide indirect benefits to Grant County, the County Manager may
elect to accept limited teaching or consulting opportunities as
long as such arrangements do not interfere with or cause a conflict
of interest with the County Manager’s responsibilities pursuant to
this Agreement. The County Manager shall inform the County
Commission when he obtains any teaching or consulting opportunities
to ensure that there no conflicts of interest or conflicts with
time commitments.
K. TERMINATION/SEVERANCE:
The Coimty may terminate the County Manager at any time during this
contract, with or without cause. The County Manager will not be
eligible for the grievance process in the event of termination. In
the event of termination without cause, the County Manager shall
receive a lump sum payment equal to the balance of this contract or
one (1) month’s salary whichever is less, including all accrued
annual leave and half of the accrued sick leave. In addition, the
County shall pay all insurance premiums for existing coverage for
an additional three months (6 pay periods) after the effective date
of termination. The balance of the contract or one (1) month’s
salary and all accrued annual leave will be paid in a lump sum
within ten (10) working days of the last day of employment. In the
event the Coimty Manager is terminated for cause, there will be no
severance paid. For "cause" shall be defined as fraud,
embezzlement, felonious behavior, willful unauthorized disclosure
of confidential information, dereliction of duty, violations of the
Government Conduct Act, or other serious misuse of the
position.
In the event the County Manager voluntarily resigns his position
with the County, he will forego the stipulations of the preceding
paragraph and will be eligible only for payment of his accrued
salary, and benefits. The County Manager will give a minimum of
sixty (60) days written notice in advance of such resignation,
unless the parties agree otherwise.
L. MODIFICATION:
No waiver or modification of this Agreement or of any condition of
limitation herein contained will be valid unless in writing and
duly executed by the BCC and the County Manager.
M. SEVERABILITY:
If any of the provisions in this Agreement are declared illegal,
void or unenforceable, the remaining provisions will not be
affected and will remain in full force and effect.
N. ASSIGNMENT:
The County Manager may not assign any right accruing under or
interest arising from this agreement, in part or in whole, without
the express written consent of the Coimty. In the event of any
assignment, the assignee will assume all obligations and
liabilities of the County Manager.
O. PERIODIC REVIEW:
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The parties agree to meet, confer, and review the terms of this
contract on an annual basis, beginning on or about June,
2022.
P. ENTIRE AGREEMENT:
The terms of this contract shall be effective on August 11, 2021,
following execution of the parties. The paragraphs contained in
this contract for County Manager services is the entire employment
agreement between the parties and any and all other prior
negotiations, statements, contracts, agreements, understandings,
conditions or requirements expressed or implied, are hereby
superseded and have no further effect.
Q. APPLICABLE LAW:
This contract shall be governed by the laws of the State of New
Mexico.
IN WITNESS WHEREOF, the undersigned do hereby execute this
agreement on the day of August 10, 2021.
Tim Zamfcr^ County Manager
Gerald W. Billings, Jr., Coj District 4 o
isioner
Attest:
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Meeting Agenda